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Pre nuptial agreements to become legally binding

In February 2014, the Law Commission recommended that these agreements should be legally binding. Whilst there is some opposition to this from senior judges, ministers have indicated that the Commission's proposals will be implemented.

These agreements do not just appeal to the wealthy, but to people entering into a second marriage or those wishing to protect a particular asset or to preserve a financial benefit for their children. For some it may mean avoiding a protracted or acrimonious divorce by agreeing financial provision for both parties at the outset.

Baroness Hale of Richmond, a senior family judge has said "I am very suspicious of premarital agreements", indicating that the purpose of the agreement "was almost always to give somebody less than they would otherwise be entitled to."

It is always important for independent legal advice to be taken before entering into such an agreement.

Atherton Godfrey are experts in family law and can give you the legal guidance you need. Call us on 01302 320621 or email

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